And Rocky approved the whole deal! I wonder if Rocky has such an arrangement when he hits the eject button, leaving the rest to endure the searing heat of reentry!
I have recently obtained the “Resignation and Release Agreement and Full and Final Release of All ClaimsTPIA” between the LTISD and the former LTISD Assistant Superintendent for Administration and Educational Development, Gary Wrinkle.
Gary submitted his resignation on February 16, 2005, effective June 30, 2005TPIA, but he and Rocky signed the “Resignation and Release Agreement and Full and Final Release of All Claims” on April 5, 2004†?! Oh, but this document has an explanation as to why, or does it?
Perhaps the LTISD’s legal billsTPIA regarding Gary will shed some more light on this matter or not. You can read them for yourself. The LTISD redacted the legal bills that I received, but they failed to redact the name of the “third party.” I redacted the third party’s name since they are not employees or agents of the district.
“The parties to this Resignation and Release Agreement acknowledge that Wrinkle intends to actively seek employment outside the District and that the District had intended to not extend Wrinkle’s current two-year contract. The parties have reached agreement that. upon receipt by the Superintendent of Wrinkle’s written resignation effective June 30,2005, the District’s administration will recommend to the District’s Board of Trustees, at a meeting of the Board on April 5, 2004, that Wrinkle’s current two-year term contract be extended for one additional year. The parties acknowledge and Wrinkle agrees that the District may reassign administrative duties as provided in Wrinkle’s contract with the District at any time prior to the effective date of Wrinkle’s resignation on June 30,2005. The parties agree that, should Wrinkle accept employment outside the District prior to June 30, 2005, Wrinkle will submit and the District will accept Wrinkle’s written resignation effective on a date to be agreed upon by the parties.” (Resignation and Release Agreement, Page 1)
….
“By execution of this Agreement, Wrinkle submits his non rescindable resignation from his employment with the District effective on June 30, 2005, and the District hereby accepts said non rescindable resignation.” (Resignation and Release Agreement, Page 2)
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“The District administration will recommend to the District’s Board of Trustees at a meeting on April 5, 2004, that Wrinkle’s current two-year contract be extended by one year, thus making the last date of the new contract June 30,2006.” (Resignation and Release Agreement, Page 2)
Why did the LTISD only renew Gary’s contract for one year instead of two?
When did the LTISD decide not to extend his current two year contract? Why?
Why did it take a over a year to finally resign?
Why did you feel it necessary to do this Rocky?
Obviously from reading this Rocky entered into this agreement before the Board approved it, or did you Rocky?
“This Resignation and Release Agreement shall not be construed as an admission of liability or of any wrongful act or omission by any party, such liability and wrong doing being expressly denied by the parties. Rather, the parties to this Resignation and Release Agreement mutually acknowledge and represent that this is a compromise in resolution of any potential disputed claims to avoid the uncertainty, time, and expense of any potential litigation.” (Resignation and Release Agreement, Page 1)What are the “potential disputed claims?”
What was the “potential litigation?”
Just how was “uncertainty, time and expense” factored?
Just who was liable, the LTISD, Rocky and/or Gary?
“In consideration of the premises and mutual promises contained herein, Wrinkle and the District mutually acknowledge. represent, and expressly agree to enter into a full and complete settlement and release of all disputed claims and controversies which are the subject of and related to Wrinkle’s employment or resignation from employment with the District and/or which involve any actions, failures to act, events or circumstances related to Wrinkle’s employment with the District up to the date of this Resignation and Release Agreement.” (Resignation and Release Agreement, Page 1)What exactly happened?
When did the events which triggered this “agreement” take place?
“The District agrees that Wrinkle’s official personnel file with the District shall include only those standard documents, such as copies of teaching certificates, service records, transcripts, and contracts. There will be no documentation placed in Wrinkle’s official personnel file regarding the incidents made the basis of this Agreement in any form. All documents related to the basis of this Agreement, including this Agreement, will be retained by the District in a separate confidential administrative file. The contents of the confidential administrative file will not be disclosed to third parties or made public except as required by any law governing the District, or by subpoena or court order, or by an administrative agency.” (Resignation and Release Agreement, Page 2)Just what were the “incidents made the basis of this Agreement?”
“To the extent the District has provided insurance coverage to protect its employees, and only to the extent that Wrinkle’s conduct is covered by said insurance policy. If a lawsuit is pending or threatened by a third party against Wrinkle for Wrinkle’s work-related conduct, the District will not prevent Wrinkle from accessing the benefits of said insurance coverage. Wrinkle agrees to cooperate fully with the District in the defense of any claim, actions, causes of action or suits in law or equity which may be brought by third parties against the District and/or Wrinkle arising out of or related to Wrinkle’s work-related conduct.“ (Resignation and Release Agreement, Page 2)What legal liability insurance does the district maintain for incidents arising from administrator’s work-related conduct” and why did they feel that they need to extend this coverage once Gary left? Rocky might want to make sure that his policy is up to date! Rocky just need to use it.
Was the district liable? The administration seems to fear something since they want Gary to “cooperate fully with the District in the defense of any claim, actions, causes of action or suits in law or equity which may be brought by third parties against the District.”
Again, what “work-related conduct” necessitated this agreement?
“The Superintendent, Dr. D. Rockwell Kirk, will provide a letter of reference for Wrinkle upon request. Wrinkle agrees to refer all prospective employers to Dr. Kirk. The District shall not be responsible for any responses to requests for references which are not directed to Dr. Kirk.” (Resignation and Release Agreement, Page 3)There was some issue regarding “work-related conduct” yet Rocky will provide a “letter of reference?” Why?
Was the LTISD at fault in this matter and this was the least that they could do?
“In consideration of the terms specified in this Resignation and Release Agreement, Wrinkle knowingly and voluntarily agrees to irrevocably and unconditionally RELEASE, ACQUIT, AND FOREVER DISCHARGE the District, its past, present,and future elected officials or trustees, employees, attorneys, representatives, officers, agents, and successors or assigns, all in both their official and individual capacities, from all past and present obligations, contract rights, damages, losses, personal injuries, rights to compensation, costs, expenses, fees, attorneys fees, including any claim for attorneys’ fees, demands, actions, causes of action, suits in law or equity of whatsoever kind or nature, including but not limited to any grievances, administrative review, Texas Commission on Human Rights Act (TCHRA), Office of Civil Rights (OCR) and/or Equal Employment Opportunity Commission (EEOC) complaints, and declaratory judgment, for damages or any type of relief, under common law, federal and state constitutional and statutory law, administrative regulation, or otherwise,known or unknown, direct or derivative, existing or to exist, which are or may be related to Wrinkle’s employment with or subsequent resignation from the District. It is the intent of Wrinkle to release all claims of any kind or character that he might have against the District, its employees, agents, trustees or representatives, which are or maybe related to Wrinkle’s employment with or subsequent resignation from the District.” (Resignation and Release Agreement, Page 3)
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Wrinkle hereby further agrees and covenants not to sue or commence any action after the date of this Resignation and Release Agreement against the District and/or against any of the past, present and future legal representatives, agents, attorneys, owners, trustees, directors, officers, employees, receivers, conservators, administrators, affiliates, subsidiaries, sureties, executors, insurers, heirs, successors and assigns, as the case may be, all in both their official and individual capacities, relating to or involving in any way whatsoever any claims related to Wrinkle’s employment or resignation from employment with the District or in any way involving acts, failures to act, events or circumstances to which Wrinkle was allegedly subjected while he was an employee of the District, up to the date of this Resignation and Release Agreement.” (Resignation and Release Agreement, Page 3)
Just who was in the wrong here, Gary, the LTISD, or both? Does anybody know? I bet Rocky does!
“There is little doubt the district is in good shape and is poised to be an even better district in the future under Dr. Kirk’s continued leadership.” (Wrinkle Resignation Letter)Good one Gary! Do you really believe that the LTISD “is poised to be an even better district in the future under Dr. Kirk’s continued leadership?”
I don’t need to remind anyone that for the last two consecutive years the LTISD has been rated as “academically acceptable” under “Dr. Kirk’s continued leadership.”
“When I began this position I felt I would be here two years and then move on to a superintendency. Since that time I have begun to realize I have other goals and desires that haven’t yet been met and never would be in the school administrative role. That, plus a desire to not uproot my family, has led me to my next steps.” (Wrinkle Resignation Letter)I like the term “superintendency.” I wonder if Rocky makes the staff refer to him as “His Superintendency Kirk?”
How does this reconcile what we read in the “Resignation and Release Agreement and Full and Final Release of All Claims?”
“`For I know the plans I have for you, declares the Lord, plans to prosper you and not to harm you, plans to give you hope and a future.’ Jeremiah 29:11″ (Wrinkle Resignation Letter)Interesting Biblical passage to quote, but this verse is in the context of the LORD’s promised return of the exiles from Babylon:
Gary, how does this apply to you?
I know of a very applicable Biblical passage that I have found worth remembering:
Everyone will be happy to know that from my research, it would seem that Gary is still living in the area and is now a consultant for the Southern Regional Education Board.Who knows, Gary could be a victim of the LTISD, but without more facts we may never know.
The next question is: “Does Gary do any consulting work for the LTISD?” You might laugh, but it could happen!
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